Partner Terms and Conditions
Last updated: 3 October 2025
These Partner Terms and Conditions set out the general basis on which The Founders Union (ABN 43 686 133 102) engages with third party service providers and organisations who participate as partners. These Terms apply in conjunction with, and are subject to, the specific written agreement between TFU and the Partner (Partner Contract). All rights, obligations, commissions and special conditions are contained in the Partner Contract, which takes precedence over these Terms in the event of any inconsistency.
Contractual Framework
By participating as a Partner, you acknowledge and agree that the Partner Contract governs the legal relationship between you and TFU. These Terms are for information and clarity only and do not create additional rights or obligations beyond those in the Partner Contract. Nothing in these Terms overrides or diminishes any entitlement or obligation set out in the Partner Contract.
Referrals and Commission
TFU may refer prospective clients to you from time to time. TFU does not guarantee the quantity or quality of referrals and does not warrant that any referral will lead to a commercial engagement. Where a referral leads to a client engaging your services, any commission payable to TFU will be determined on a case by case basis and documented in the Partner Contract.
Unless expressly stated otherwise in the Partner Contract, commissions are generally calculated as a percentage of amounts actually received by you from the referred client, exclusive of GST, refunds, chargebacks or disbursements. Commissions are payable within the timeframe specified in the Partner Contract.
Services to Clients
You are solely responsible for contracting with and providing services to clients referred by TFU. TFU is not a party to any agreement between you and a client and has no liability for the performance, quality or outcome of services delivered by you. You must ensure your services comply with all applicable professional standards, legal requirements and any obligations contained in the Partner Contract.
Relationship Between the Parties
The relationship between TFU and the Partner is that of independent contractors. Nothing in these Terms or the Partner Contract creates a partnership, joint venture, fiduciary relationship, employment relationship or agency. Neither party may represent that it has authority to bind the other except as expressly set out in the Partner Contract.
Intellectual Property and Branding
You may only use TFU’s name, logo, trademarks or other intellectual property with TFU’s prior written consent and strictly in accordance with the Partner Contract. TFU may identify you as a Partner and use your name and logo in marketing or promotional material unless you notify TFU in writing that you object. No rights or licences are granted except as expressly provided in the Partner Contract.
Confidentiality
Each party must keep confidential all information of the other party that is not publicly available and is disclosed during the relationship. Confidential information may only be disclosed where required by law, a regulator, or with the written consent of the disclosing party. These confidentiality obligations survive termination of the Partner Contract.
Liability and Indemnity
To the extent permitted by law, TFU excludes all liability for any loss, damage, claim or expense connected with your services to clients or your failure to comply with the Partner Contract. You indemnify TFU against all claims, losses, damages, liabilities, costs or expenses arising out of your services, conduct or any breach of the Partner Contract.
Termination
The termination rights and consequences of termination are set out in the Partner Contract. Unless otherwise specified, either party may terminate by providing written notice in accordance with the Partner Contract. Termination does not affect accrued rights, including the payment of commissions already payable.
Governing Law
These Terms and the Partner Contract are governed by the laws of New South Wales, Australia. Each party submits to the non exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
Amendments
TFU may update these Terms from time to time by publishing the amended version on its website. The Partner Contract may only be varied by a written agreement signed by both parties. If there is any conflict between these Terms and the Partner Contract, the Partner Contract prevails.
Website Disclaimer
The information on this page is provided for general guidance only. These Partner Terms and Conditions do not create a legally binding agreement between you and TFU. All legally binding rights and obligations, including commissions and special conditions, are governed exclusively by the written Partner Contract. If these Terms differ from the Partner Contract, the Partner Contract prevails.
